(Download) "Roger E. Baruth v. Darroll Gardner" by Court of Appeals of Idaho No. 15893 ~ Book PDF Kindle ePub Free

April 15, 2021

eBook details

Title: Roger E. Baruth v. Darroll Gardner
Author : Court of Appeals of Idaho No. 15893
Release Date : January 20, 1986
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

ON DENIAL OF PETITION FOR REHEARING Roger Eugene Baruth appeals from the summary dismissal of his petition for postconviction relief, under I.C. § 19-4906. Baruth was convicted after a jury trial of robbery.[Footnote 1] On appeal he presents three issues: (1) whether the district court erred by not giving Baruth twenty-days notice under I.C. § 19-4906 before dismissing the petition for post-conviction relief; (2) whether the Judge who dismissed his application erred in requiring Baruth to provide factual support for the allegations contained in the petition for post-conviction relief; (3) whether the pretrial identification procedure was unnecessarily suggestive so as to constitute fundamental error. In response, the state contends Baruth's appeal was untimely filed and should be dismissed. We decline to dismiss the appeal. On the merits, we affirm the order of dismissal.